KELIA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the order of conviction and sentence dated 19th October, 1993 passed by the Judicial Commissioner, Ranchi, in Sections Trial No. 52 of 1991 whereby whereunder the appellant, namely, Kalia Oraon has been convicted under Section 304, Part II of the Indian Final Code and has been sentenced to undergo rigorous imprisonment for a period of ten years.

(2.) The material facts of the case are as follow:

(3.) It appears that the Trial Judge framed charges against all the four accused under Sections 302/34, 323 and 337/34 of the Indian Penal Code but acquitted accused Madiya Oraon, Chetia Orain and Budhni Orain of the charge under Sections 302/34 of the Indian Penal Code and held them guilty under Sections 323, 337/34 of the Indian Penal Code and sentenced them to the period already undergone by them in course of trial. The appellant was, however, not convicted under Sections 323 and 337/34 of the Indian Penal Code.